1. Introduction

  1. You are on this page because you want to sign up to use the Reccefy platform as a Host who has a space that they would like to make available as a filming Location.
  2. Reccefy provides a platform that connects Hosts who have space available for rent with Creators seeking to use that space as a Location.
  3. The Service is provided by Reccefy Pty Ltd (ABN: 78 620 183 959).
  4. The Services are available through the Reccefy Platform which is accessible at: http://reccefy.com/ (Platform). 
  5. These terms and conditions govern the use of the Platform by Hosts.
  6. When a Creator books your Location through the Platform an agreement will thereby come into existence between you (as Host) and the Creator (as the user of the Location) containing the terms and conditions available here. (Location Agreement) You must read the Location Agreement because you will be bound by it.

2. Definitions

  1. In these terms and conditions, the definitions have the following meanings:

Additional Costs means other expenses made mandatory by the Host, which may include, but is not limited to, items like security, cleaning, unsociable hours.

Agreement means the agreement to which these terms and conditions are attached.

Creator means any person, seeking to make a Creative Work, who is registered to search and book Locations on the Platform and their officers, agents, staff, crew or contractors.

Creative Work means any end result of the endeavour for which the Location is being booked including, but not limited to, photograph/s, feature film, television series, web-series, short film, music video, corporate film, television commercial, cinema commercial, or other video/photographic content.

Dispute means any dispute which arises out of or relates to the Location or this Agreement, including without limitation the entry into, breach, termination or validity of this Agreement and/or a Creative Work.

Footprint means the size and impact of a production, broken into four categories; extra small (1-5 people), small (6-15 people), medium (16-25 people), and large (26+ people).

GST means a goods and services tax imposed by or through A New Tax System (Goods and Services Tax) Act 1999. 

Host means a person who is a registered Reccefy user and lists their space as a Location.

Host Services means services provided by a Host to a Creator in conjunction with the Location.

Intellectual Property Rights means any intellectual property right at any time protected by statute or common law in Australia or elsewhere in the world and whether registered or unregistered, including copyright, trade marks and registered designs.

Law means any Commonwealth, State, Territory or local government legislation in force in Australia or any law of a foreign jurisdiction, including regulations, by-laws, declarations, ministerial directions and other subordinate legislation and the common law in Australia.

Location means any space made available for booking on the Reccefy Platform.

Location Fee means the price set by the Host for use of the Location, according to the Footprint of the production. 

Location Guidelines means the set of rules provided by the Host, to the Creator, specifically in relation to the use of a Location.

Location Profile means the online listing created for the space, which includes photos and specifications to assist the Creator with their search.

Location Standards means the set of rules provided by Reccefy to the Host in relation to the Location on the Platform.

Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.

Optional Extras means any non-compulsory services offered by the Host. These may include, but are not limited to, items such as catering, staffing, equipment.

Platform means the website (http://reccefy.com/) to list, search and book Locations to create a Creative Work and provide the Reccefy Services.

Reccefy Services means the provision of the Platform and other support services associated with the Platform.

Registration means the application process to sign up as an approved Reccefy Host. 

Service Fee means 15% of Location Fee.

Total Booking Cost means the Location Fee plus the cost of any Optional Extras that have been selected, and the Service Fee. This will be the complete price charged to Creators to book the Location.

3. Interpretation

  1. In these Terms and Conditions, unless the context otherwise requires:
    1. words denoting any gender include all genders;
    2. headings are for convenience only and do not affect interpretation;
    3. the singular includes the plural and vice versa;
    4. any schedule attached to these Terms and Conditions forms part of it;
    5. a reference to a party includes its successors and permitted assigns;
    6. a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and
    7. a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.

4. Host Obligations

  1. The Host is responsible for setting the price they want to charge for use of the Location. This is called the Listing Price. Reccefy will offer the Location at what is called the Total Booking Cost. The Total Booking Price for the Location will be the sum of that price plus the costs for any Optional Extras and/or any Additional Costs and the Service Fee.
  2. It is the Host’s responsibility to highlight any compulsory Additional Costs in the Location Profile but the payment for these costs will be the Host’s responsibility to organise directly with the Creator after the booking is confirmed.
  3. The Host must at all times (at the Host’s sole cost):
    1. hold all licences, permits and consents as are required (from any competent authority) so that the Host can provide the Host Services and make the Location available for use by the Creator;
    2. provide the Host Services with reasonable care, skill and diligence and in accordance with all applicable laws; 
    3. provide honest and accurate information about the Location and the Host Services;
    4. provide clear and accurate instructions to a Creator in accordance with the Location Standards about the exact address and use of the Location;
    5. ensure that any images and/or description of the Location accurately represent the Location;
    6. honour the bookings made through the Platform by a Creator;
    7. immediately notify the Police and Reccefy if the Host becomes aware that a Creator has used the Host’s Location for an illegal purpose;
    8. ensure that the facilities and equipment provided at the Location are safe and fit for use by Creators;
    9. bear all costs and expenses related to the Host’s participation in the Platform; and
    10. accept all responsibility and liability for any injury or death or damage to property that is incurred by a Creator at the Location.
  4.  The Host may impose Location Guidelines on a Creator’s use of the Location provided that those terms and conditions are made known to the Creator before the Creator’s booking is accepted.
  5. The Host must not in relation to its use of the Platform:
    1. use a false email address, impersonate others or misrepresent the affiliation with Reccefy;
    2. interrupt or attempt to negatively impact or alter the operation of Reccefy in any way;
    3. create a Location Profile for a Location that they are not authorised to represent;
    4. copy, resemble or mirror the look and feel of the Platform or Reccefy or its trademarks;
    5. engage in any other practices which may adversely affect the credibility or reputation of the Platform and/or Reccefy; and
    6. engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
  6.  Reccefy reserves the right, at all times, to refuse a Location Profile on the Platform or remove the Location previously approved for a profile where the Company forms the view, acting reasonably, that the Location is not suitable for Creators and/or does not meet the Reccefy’s Location Standards. You must read the Location Standards because you will be bound by them.
  7. The Location Fee at which the Host offers each Location on the Platform and the terms and conditions attaching to such Location on the Platform must neither be higher, nor more onerous, than the price and/or the terms and conditions of any similar or substitutable Location offered by the Host (or any of its agents) either directly or on other intermediary platforms.
  8. The Host must not directly or indirectly enter into an exclusive contract arrangement or understanding with any other person who is in the same business as the Reccefy or offers a service that is substantively similar to that offered by Reccefy.
  9. The Host grants to Reccefy a royalty-free, non-exclusive licence to use the Host’s name together with the Host’s images and descriptions of the Location for the purpose of promoting the availability of the Location on the Platform and in Reccefy’s marketing of the Platform. This licence will automatically terminate when the Host closes its account with Reccefy.
  10. The Host must take out and keep current their own insurance to provide cover in respect of any liability arising from:
    1. damage to property at the Location whether or not caused by a Creator, such insurance for be for such amount as the Host determines to be desirable having regard to the value of such property at the Location; and
    2. death of or injury to any person at the Location whether or not caused by a Creator, such insurance to be for no less than the minimum statutory amount required in the jurisdiction of the Location.
  11.  The Host is responsible for making true, accurate and complete disclosure to its insurer in relation to the use of the Location for which the Host is obtaining insurance.
  12. The Host is responsible to pay any excess/deductible under the insurances it effects.
  13. The Host must not do or allow anything which would prejudice any of its insurances, or cause them to be terminated.
  14. The Host acknowledges and agrees that Reccefy will share the Host’s name, email address and phone number with the Creator, in respect of a booking, to provide the Reccefy Services to the Host.
  15. If the Host considers that a Dispute has arisen the Host and Creator must follow Reccefy’s Dispute Resolution Policy. You must read to this policy as you will be bound by it. 

5. Reccefy’s Obligations

  1. Reccefy will:
    1. provide the Host with the following services through the Platform:
      1. a place on the Platform where the Location is listed; and
      2. a booking capability that will enable a Creator to book the Location.
  2.  A booking for the Location is only confirmed on a Creator making payment of the Total Booking Cost for the Location on the Platform. Once a booking is confirmed, Reccefy will send the Host a confirmation email with the details of the booking and the Creator will be notified, and the Host will release the address of the Location to them along with the Location Guidelines.
  3. Reccefy may, at any time, enhance and/or alter the features of the Platform at its sole discretion and without notice to the Host.
  4. Reccefy, at its discretion, may provide other services to the Host at its request. Other services will involve the payment of additional fees by the Host to Reccefy. 
  5. Reccefy will engage a third-party payment facilitator, currently Stripe, to enable users to book Locations without Reccefy collecting payment details.

6. Total Booking Cost

  1. Reccefy will collect the Total Booking Cost charged for a Creator’s use of the Location. The fee that the Host will receive from Reccefy in relation to a Creator’s booking will be the Total Booking Cost less the Service Fee. 
  2. Reccefy reserves the right to charge the Host a fee for providing the Platform and permitting the Host to make the Location available on the Platform and managing bookings of the Location through the Platform. 
  3. The Total Booking Cost will be collected by Reccefy at the time the Location is booked by a Creator.
  4. In respect of any money collected by Reccefy for the Host as a result of the Location being booked by a Creator through the Platform;
    1. Reccefy will deduct from the gross payment received, the amount of the Service Fee to which Reccefy is entitled;
    2. Reccefy will hold the balance of the payment received to the account of the Host;
    3. Reccefy will account to the Host for any money it holds on behalf of the Host and at the same time provide the Host with a tax invoice together with a statement showing amounts it has received and deducted; and
    4. any monies due by Reccefy to the Host will be paid to the Hosts bank account, as specified in the Registration process, in accordance with Stripe Services Agreement, described in clause 6.5.
  5.  Payment processing services for the Host on Reccefy are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service  (collectively, the Stripe Services Agreement) You must read this agreement and the Terms of Service because you will be bound by them when you accept the Host Agreement. By agreeing to this Agreement or continuing to operate as a Host on Reccefy you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Reccefy enabling payment processing services through Stripe, you agree to provide Reccefy accurate and complete information about you and your business, and you authorise Reccefy to share it and transaction information related to your use of the payment processing services provided by Stripe.
  6. Reccefy will keep and maintain true, complete and accurate financial records of the revenue generated from bookings of the Location through the Platform.
  7. The Host acknowledges and agrees that Reccefy may offer to reduce the Service Fee or offer promotions on the Platform to encourage use of the Platform and retain customers to the Platform.
  8. The amount of Host Fee is stated on a GST exclusive basis. Reccefy’s tax invoice issued in respect of Host Fee will be for the Host Fee and the GST payable on the Host Fee.

7. Limitation of Liability

  1. Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified apply to this Agreement to the extent required by Law.
  2. Notwithstanding any term of this Agreement, Reccefy will not be liable for any:
    1. any losses, damages, liabilities and/or expenses which are found not to arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement; or
    2. loss of revenue, profits, goodwill, contract, business opportunity or failure to realise anticipated benefits or savings, in each case, irrespective of whether such losses are indirect or not.
  3.  Subject to clause 7.4, the total and aggregate liability of Reccefy for loss suffered or sustained by the Host or a Creator in connection with the provision of Reccefy’s Services under this Agreement:
    1. whether arising as a result of breach of contract, in tort (including negligence) or under statute; and
    2. whether or not arising pursuant to an indemnity in this Agreement, is limited to providing the applicable Reccefy’s Services again.
  4.  Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement.
  5. For the purposes of clause 7.4, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.

8. Indemnity

  1. The Host agrees to indemnify, defend and hold Reccefy (and each of its officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of:
    1. the death or illness of, or personal injury to, any individual at the Location; or
    2. the loss or destruction of, or damage to, any tangible property of the Host or any person at the Location, except to the extent such Loss arises from the wilful misconduct of Reccefy.

9. Confidentiality

  1. Any Confidential Information disclosed by one party to the other party (the Recipient) must be kept confidential by the Recipient.

10. Termination

  1. The Host may terminate its account with Reccefy at any time by giving written notice to Reccefy. The Host’s account must remain open and the Host must continue to honour any bookings that have been made through the Platform prior to the date on which it gives notice that it wishes to terminate its account. The account will be closed by Reccefy when the last booking has been honoured. 
  2. Reccefy may suspend the Host’s account if the Host is in breach of any of their obligations under these terms and conditions. Reccefy will inform the Host if suspension occurs. The Host acknowledges and agrees that if Reccefy suspends the Host’s account the Host is still obliged to honour any bookings that have been made by a Creator up and until the date of suspension.
  3. Reccefy may terminate the Host’s account at any time by giving written notice to the Host.
  4. If the Platform is shut down for any reason (Closure) Reccefy will give to Hosts as much notice as is practicable of a Closure and will refund monies it has received for bookings and will have no liability to:
    1. Hosts for bookings that may have been received but do not result in use of the Location as a result of the Closure; or
    2. Creators who may not be able to use the Location they have booked.

11. General

  1. Reccefy is entitled to amend these terms and conditions at any time. Reccefy will notify the Host of the change and the Host’s continued use of the Platform after such notification will constitute acceptance of the amended terms and conditions.
  2. Except as expressly provided to the contrary in this Agreement, nothing in this Agreement shall be construed as giving rise to any relationship between the parties as (i) principal and agent (ii) employer and employee, or (iii) partners. Each party is responsible for its own obligations arising under this Agreement and is not liable for any other party’s obligations.
  3. These terms and conditions (and any document incorporated by reference in it) records the entire Agreement between the parties in relation to its subject matter.
  4. Each party must (at its own expense) do all things as the other party asks as may be reasonably required or necessary to give the other party the full benefit of any obligations owed to the other party and expressed in these terms and conditions.
  5. All or any part of these terms and conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
  6. These terms and conditions are governed by the laws of the State of New South Wales. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these terms and conditions.